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Coronial law reform through the lens of therapeutic jurisprudence - Harnessing the full potential of coroners' recommendations

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thesis
posted on 14.11.2021, 04:53 by Mok, Elena

The ability of coroners to make recommendations to various agencies and organisations is inextricably linked with the coroner's emerging role in death and injury prevention. Yet, there is no legal obligation in New Zealand for agencies and organisations to respond to, or implement, proposed changes, which has led to claims that recommendations are merely being overlooked. However, concerns have also been raised about the quality of some recommendations, especially whether coroners have sufficient expertise to be proposing wide-ranging legal and policy reforms. This paper analyses the extent to which recommendations are being implemented by the agencies and organisations to whom they are directed, and addresses whether the criticisms levelled at recommendations are valid. It is contended that, in considering reforms to the coronial process, the principles of therapeutic jurisprudence should be applied so as to maximise the therapeutic potential of recommendations for families and the wider community. Ultimately, it is concluded that greater transparency and accountability is needed in coronial processes to fully harness the preventive and therapeutic potential of coroners' recommendations.

History

Copyright Date

01/01/2013

Date of Award

01/01/2013

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Atkin, Bill